Law: Land Acquisition Act (I of 1894)

Section: 35, 36, 37

Land Acquisition Act (I of 1894)  Part VI, Ss. 35, 36 & 37-Temporary acquisition of land under S. 35-Digging of material from land under temporary occupa tion and use, permissible-Scheme prepared for construction of High way-Land adjoining proposed Highway temporarily acquired and Collector permitting digging of earth from temporarily acquired land -Contention that order permitting digging of earth was without lawful authority repelled. Subsection (2) of section 35 of the Land Acquisition Act, 1894 clearly visualises the taking of materials, if any, from the land under temporary occupation and use. The materials, it is further clear, depending upon the circumstances of each case may be of any kind which can be taken from the land and earth is one of such materials. In case of acquisition under Part, VI, the law postulates the assessment of compensation at two stages ; (i) before taking the possession of the land ; and (ii) as provided under section 36(2) "on the expiration of the term of temporary acquisition". The second occasion for compensation would arise in those cases where the damage done to the land is not provided for by the agreement. Thus, the law assumes that at the first stage it might not be possible to make full assessment of the damage which could be done to the land by temporary use and occupation thereof including the taking of the materials. And if it is found at the expiration of the term that the damage actually done to the land is not covered by the earlier assessment, the persons interested shall be compensated in that behalf. This is not all. The Collector is bound under the law, at the expiration of the term, "to restore the land to the persons interested therein". The land as visualised in various decided cases should, at the time of restoration, be as nearly as possible in the original condition. If, however, the temporary use and occupation has made the land unfit to be used or purposes for which is was used immediately before the commencement of the term of occupation ; under the proviso to subsection (2) of section 36, the persons interested have a choice of compelling of the Government to acquire the…